Case Document Filed Page of EXHIBIT Case Document Filed Page of UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK VIRGINIA GIUFFRE Plaintiff GH I SLAINE A XWELL Defendant NOTICE OF SERVICE OF RULE SUBPOENA UPON MICROSOFT CORPORATION PLEASE TAKE NOTICE THAT pursuant to Rule of the Federal Rules of Civil Procedure Defendant Ghislaine Maxwell hereby provides Notice of Service of Subpoena upon Microsoft Corporation A copy of the Subpoena is attached to this Notice Dated June Respectfully submitted Laura A Menninger Laura A Menninger HADDON MORGAN AND FOREMAN East th A venue Denver CO Phone Fax lmenninger hmflaw.com Attorneys for Ghislaine Maxwell Case Document Filed Page of CERTIFICATE OF SERVICE I certify that on June I electronically served this NOTICE OF SERVICE OF RULE SUBPOENA UPON MICROSOFT CORPORATION via Email on the following Sigrid Mccawley Meridith Schultz Borns SCHILLER FLEXNER LLP East Las Olas Boulevard Ste Ft Lauderdale FL I smccawley bsfllp.com mschultz bsfll com Bradley Edwards FARMER JAFFE WEISSING EDWARDS FISTOS LEHRMAN P.L North Andrews Ave Ste Ft Lauderdale FL brad pathtojustice.com Paul Cassell University Street Salt Lake City UT cassellp law.utah.edu Stanley Pottinger Twin Lakes Rd South Salem NY StanPottinger aol com I Nicole Simmons Nicole Simmons Case Document Filed Page of AO Rev Subpoena to Produce Documents Information or Objects or lo Pcnnit Inspection of Premi es in a Civil Action UNITED TATES ISTRICT RT for the South rn District of New York Virginia Giuffre Plaintiff Ghislaine Maxwell Defendant Civil Action No SUBPOENA TO PRODUCE DOCUMENTS INFORMATION OR OB,JECTS OR TO PERMIT JNSPECTION OF PREMISES lN A CIVIL ACTION Microsoft Corporation Attn Online Services Custodian of Records One Microsoft Way Redmond WA Name of person to whom this subpoena is direc1ed if Producti on YOU ARE COMMANDED to produce a the time date and place set forth below the following documents electronically stored information or objects and to permit inspection copying testing sampling the material See Attachment A Place Laura Menninger Haddon Morgan Foreman PC 10th Ave Denver CO Date and Time pm In ction Premise YOU ARE COMMANDED to permit entry onto the designated premises land or other propert posse sed or ntrolled by you at the time date and location set forth below that the requesting party may inspect measure survey photograph test sample the property or any designated object or operation on it I Dat a nd Thn ec Th follo in provisi of Civ are a tta ched Rule relating to the place of compliance Rule relatin to your protection a a person subject to a ubpoen a and Rule and relating to your duty to spond this subpoena and the potenti a consequences of not doing so Date CLERK OF URT OR Signature of Clerk or Deputy Clerk The name address e-mail address and telephone number of the attorney repr senting name of par1y who is ues or requests this subpoena are Laura Menninger Haddon Morgan Foreman PC East 10th Ave Denver Colorado meooioger hmflaw com Notice to the person who issues or requests this subpoena A notice a nd a copy of the subp ena mu be served on each party in thi case before it is served on the person to whom it is directed Fed Ci a Case Document Filed Page of AO Rev Subpoena to Produc Document lnfonrn11iu11 or Objects or to Pennit Inspection of Premises in a Civil Action Page Civil Action No PROOF OF SERVICE This section should not be filed with the court unless required by Fed Civ I received this subpoena for name of individual and title if any on date I served the subpoena by delivering a copy to the named person as follows on date or I returned the subpoena unexecuted because Unless the subpoena was issued on behalf of the United States or one of its officers or agents I have also tendered to the witness the fees for one days attendance and the mileage allowed by law in the amount of My fees are for travel and for services for a total of I declare under penalty of perjury that this information is true Date Server signature Printed name and title Servers address Additional information regarding attempted service etc Case Document Filed Page of AO Rev Subpoena to Produce Documents lnfonnation or Objects or to Pem,it Inspection of Premises in a Civil Action Pagc Federal Rule of Civil Procedure and Effective Place of Compliance I For Trinl Hearing or Deposition A subpoena may command a person to attend a trial hearing or deposition only as follows A within miles of where the person resides is employed or regularly transacts business in person or within the state where the person resides is employed or regularly transacts business in person if the person i is a party or a partys officer or ii is commanded to attend a trial and would not incur substantial expense For Other Discovery A subpoena may command A production of documents electronically stored information or tangible things at a place within miles of where the person resides is employed or regularly transacts business in person and inspection of premises at the premises to be inspected Protecting a Person Subject to a Subpoena Enforcement Avoidi11g B11rde11 or Expe11se Srmcrio11s A party or attorney responsible for issuing and serving a subpoena must take reusonable steps to avoid imposing undue burden or expense on a person subject to the subpoena The court for the district where compliance is required must enforce this duty and impose an appropriate sanction-which may include lost earnings and reasonable attorneys fees-on a party or attorney who fails to comply Com1n11d to Protl11ce Mnterinls or Permit 11spectio11 A Appearance Not Required A person commanded to produce documents electronically stored information or tangible things or to permit the inspection of premises need not appear in person at the place of production or inspection unless also commanded to appear for a deposition hearing or trial Objections A person commanded to produce documents or tangible things or to pennit inspection may serve on the party or altomcy designated in the subpoena a written objection to inspecting copying testing or sampling any or all of the materials or to inspecting the premises-or to producing electronically stored information in the form or forms requested The objection must be served before the earlier of the time specified for compliance or days after the subpoena is served lfan objection is made the following rules apply i At any time on notice to the commanded person the serving party may move the court for the district where compliance is required for an order compelling production or inspection ii These acts may be required only as directed in the order and the order must protect a person who is neither a party nor a partys officer from significant expense resulting from compliance Q11nshi11g or Modifying Subpoena A When Required On timely motion the court for the district where compliance is required musl quash or modify a subpoena that i fails to allow a reasonable time to comply ii requires a person to comply beyond the geographical limits specified in Ruic i requires disclosure of privileged or other protected matter ifno exception or waiver applies or iv subjects a person lo undue burden When Permitted To protect a person subject to or aflecled by a subpoe,ia the court for the district where compliance is required may on motion quash or modify the subpoena if it requires i disclosing a trade secret or other confidential research development or commercial information or ii disclosing an unretained experts opinion or information that docs not describe specific occurrences in dispute and results from the experts study that was not requested by a party Specifying Conditions as an Alternative the circumstances described in Rule 3XB the court may instead of quashing or modifying a subpoena order appearance or production under specified conditions if the serving party i shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and ii ensures that the subpoenaed person will be reasonably compensated Duties in Responding to Subpoena Pro//11ci11g Doc1e11ts or Electro11ically Stored 11for1atio11 These procedures apply to producing documents or electronically stored information A Documents A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label the1 to correspond to the categories in the demand Form for Producing Electronically Stored Information Not Specified fa subpoena does not specify a form for producing electronically stored infonnation the person responding must produce it in a form or forms in which iris ordinariiy maintained or in a reasonably usabie form or forms Electronically Stored Information Produced in Only One Form The person responding need not produce the same electronically stored information in more than one form Inaccessible Electronically Stored Information The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden orcost On motion to compel discovery or fora protective order the person responding must show that the information is not reasonably accessible because of undue burden or cost If that showing is made the court may nonetheless order discovery from such sources if the requesting party shows good cause considering the limitations of Rule The court may specify conditions for the discovery Claiming Privilege or Protection A hiformation Withheld A person withholding subpoenaed information under a claim that it is privileged or subject to protection as trial-preparation material must i expressly make the claim and ii describe the nature of the withheld documents communications or tangible things in a manner that without revealing infom1ation itself privileged or protected will enable the parties assess the claim Information Produced If information produced in response to a subpoena is subject to a claim of privilege or of protection as trial-preparation material the person making the claim may notify any party that received the information of the claim and the basis for it After being notified a party must promptly return sequester or destroy the specified information and any copies it has must not use or disclose the information until the claim is resolved must take reasonable steps to retrieve the information if the party disclosed it before being notified and may promptly present the information under seal to the court for the district where compliance is required for a deterri1inatian of the claim The person who produced the information mus preserve the information until the claim is resolved Contempt The court for the district where compliance is required-and also afler motion is transferred the issuing court-may hold in contempt a person who having been served fails without adequate excuse to obey the subpoena or an order related lo it Fo access to subpoena materials sec Fed Civ a Committee Note Case Document Filed Page of ATTACHMENT A DEFINITIONS I Any means any and all You or Your means Microsoft Corporation and any employee agent attorney consultant assignee related entities or other representative of You Agent shall mean any agent employee officer director attorney independent contractor or any other person acting or purporting to act at the discretion of or on behalf of another Document is intended to be defined as broadly as permitted by Rule and includes every writing or record of every type and description that is or has been in Your possession custody or control or of which You have knowledge including but not limited to emails text messages instant messages videotapes photographs notes letters memoranda forms books magazines resumes notebooks ledgers journals diaries calendars appointment books papers agreements contracts invoices analyses transcripts plaques correspondence telegrams drafts data processing or computer diskettes and CD disks tapes of any nature and computer interpretations thereof instructions announcements and sound recordings of any nature Document also means all copies which are not identical to the original document as originally written typed or otherwise prepared The term Document shall also include all documents of any nature that have been archived or placed in permanent or temporary storage including electronic storage Communication means any transmission or exchange of information between two or more persons orally or in writing or otherwise and includes but is not limited to any correspondence conversation or discussion whether face-to-face or by means of telephone email text message electronic message via apps such as Facebook Whats App Snapchat LinkedIN or similar or other media or Documents Virginia Roberts Giuffre means Virginia Giuffre formerly known as Virginia Roberts date of birth August the Plaintiff in the above captioned matter Identify means to specify as to a Person the name address telephone number and any other identifying information possessed by You Person means any natural person individual firm partnership association joint venture estate trust receiver syndicate enterprise or combination corporation or other legal business or government entity Regardless of the tense employed all verbs should be read as applying to the past present and future as is necessary to make any paragraph more rather than less inclusive Case Document Filed Page of I With respect to any Documents withheld on the basis of a privilege provide a log consistent with Local Rule of the Federal Rules of Civil Procedure for the Southern District of New York INSTRUCTIONS I Production of documents and items requested herein shall be made Laura Menninger Haddon Morgan Foreman th Ave Denver Co no later than June at p.m Alternatively you may provide the records electronically by that date and time to Laura Menninger at LMenninger HMFLaw.com or by such other method as agreed upon with counsel for the subpoenaing party This Request calls for the production of all responsive Documents in your possession custody or control without regard to the physical location of such documents If any Document was in your possession or control but is no longer state what disposition was made of said Document the reason for the disposition and the date of such disposition In producing Documents if the original of any Document cannot be located a copy shall be produced in lieu thereof and shall be legible and bound or stapled in the same manner as the original Any copy of a Document that is not identical shall be considered a separate document All Documents shall be produced in the same order as they are kept or maintained by you in the ordinary course of business Responsive electronically stored information ESI shall be produced in its native form that is in the form in which the information was customarily created used and stored by the native application employed by the producing party in the ordinary course of business Defendant does not seek and does not require the production of multiple copies of identical Documents Unless otherwise specified the time frame of this request is from I to present I This Request is deemed to be continuing If after producing these Documents you obtain or become aware of any further information Documents things or information responsive to this Request you are required to so state by supplementing your responses and producing such additional Documents to Defendant Case Document Filed Page of DOCUMENTS TO BE PRODUCED All Documents associated with the account VRoberts2011 live.com and jennagl hotmail.com including the date on which such accounts were opened and closed and any identifying information as to the party who opened or closed the account All Documents including emails associated with the account VRoberts20 live.com and jennag1203 hotmail.com including the date sent or received and the content thereof
